명품 리폼 사건에서 상표권 침해에 관한 법적 쟁점 - 특허법원 2024. 10. 28. 선고 2023나11283 판결 -

The patent court issued a decision 2023Na11283. The main issue is whether unlawfulness is met in a tort case. It is especially a matter of trademark infringement under the Trademark Act. This study deals with the court opinion with a critical eye. The main ideas of the article are as follows: Firstly, it does not damage the identity of the original product after reforming luxury goods. There is no clear standard to determine whether the identity of the product is preserved. It is also fair to deal with the case in the same way as the case of personally transforming old objects into new ones. Secondly, it is desirable to consider ‘confusion’ when it comes to interpreting the meaning of trademark infringement. Based on a similar case in the United States, it is appropriate not to recognize confusion in this case. People are unlikely to regard the reformed product as the one made by the luxury brand Louis Vuitton. Thirdly, it is necessary to see that the ‘displaying’ element is not met. This is mainly because displaying a trademark on goods was completed before the reformation. It is related to the issue of trademark use.